Section 192 of Motor Vehicles Act 1988

The Motor Vehicles Act 1988 is an important piece of legislation in India that governs the usage and regulation of motor vehicles. Section 192 of this Act specifically addresses the offence of using a vehicle without proper registration. 

What is Section 192 of Motor Vehicles Act 1988?

192. Using a vehicle without registration.—

(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both: Provided that the Court may, for reasons to be recorded, impose a lesser punishment.

(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injuries or for the transport of food or materials to relieve distress or of medical supplies for a like purpose: Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.

(3) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1) may set aside or vary any order made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made. 

Section 192 of Motor Vehicles Act, 1988: Explained 

Section 192 of Motor Vehicles Act, 1988, deals with the offence of using a motor vehicle without registration as prescribed in Section 39 of the Act. According to the law, anyone who drives a motor vehicle or allows it to be used in contravention of Section 39 is liable for punishment. The section aims to ensure that all vehicles on the road are duly registered, enabling authorities to track ownership, maintain public safety, and enforce other applicable laws.

For a first offence under Section 192, the individual can be fined up to Rs. 5,000. However, the fine for subsequent offences increases, with a minimum of Rs. 2,000 for a second or subsequent offence. In addition to the fine, the Court has the discretion to impose imprisonment for up to one year or a fine of up to Rs. 10,000, with a minimum of Rs. 5,000, or both. Under certain circumstances, the Court may record reasons for imposing a lesser punishment.

Exceptions to Section 192 of Motor Vehicles Act, 1988

Exceptions exist under subsection (2) of Section 192, which states that the use of a motor vehicle without registration will not be considered an offence if it occurs in emergency situations. These include situations where the vehicle is used to transport individuals suffering from sickness or injuries, to deliver food or materials for relief efforts, or to transport medical supplies for similar purposes. However, the person using the vehicle must report the incident to the Regional Transport Authority within seven days from the date of such use.

Role of the Court 

Section 192(3) addresses the role of the Court in handling appeals and reviewing orders related to offences under subsection (1). The appellate Court holds the power to set aside or modify any order made by the lower Court, even if there is no appeal against the conviction itself. This provision allows the Court to rectify any errors, inconsistencies, or injustices in the lower Court’s decision, ensuring fairness in the judicial process.

When an individual is convicted under Section 192(1) and decides to appeal, the appellate Court can review both the conviction and the order imposed by the lower Court. The Court has the authority to alter the punishment based on the circumstances of the case. This power of the appellate Court highlights the importance of judicial review and the need to correct any inappropriate or unjust penalties imposed by the lower Court.

Conclusion 

Section 192 of Motor Vehicles Act 1988 plays a crucial role in ensuring that all motor vehicles are registered and comply with the law. The section emphasizes the importance of vehicle registration for public safety, effective law enforcement, and accountability. Violating this section can result in fines, imprisonment, or both, depending on the severity of the offence.

The provision also recognizes emergency situations where the use of an unregistered vehicle may be necessary to transport individuals in distress or deliver essential supplies. However, reporting such incidents to the Regional Transport Authority within seven days is essential to avoid legal complications.

Additionally, the Court’s role in handling appeals and reviewing orders under Section 192(3) ensures that justice is served and appropriate penalties are imposed. The power of the appellate Court to set aside or modify orders highlights the importance of fair and equitable judgments.